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R.J. REYNOLDS TOBACCO COMPANY v. KAPLAN

No. 4D18-2880.

336 So.3d 309 (2022)

R.J. REYNOLDS TOBACCO COMPANY and Philip Morris USA Inc., Appellants, v. Myron KAPLAN, as Personal Representative of the ESTATE OF Sheila KAPLAN, Appellee.

District Court of Appeal of Florida, Fourth District.

March 16, 2022.

Attorney(s) appearing for the Case

Scott A. Chesin and Michael Rayfield of Mayer Brown LLP, New York, NY, and Geoffrey J. Michael of Arnold & Porter Kaye Scholer LLP, Washington, DC, for appellant Philip Morris USA Inc.

William L. Durham II and Val Leppert of King & Spalding LLP, Atlanta, GA, for appellant R.J. Reynolds Tobacco Co.

Bard D. Rockenbach of Burlington & Rockenbach, P.A., West Palm Beach, and Scott P. Schlesinger , Jonathan R. Gdanski and Brittany Chambers of Schlesinger Law Offices, P.A., Fort Lauderdale, for appellee.

ON REMAND FROM THE FLORIDA SUPREME COURT

In R.J. Reynolds Tobacco Co. v. Kaplan (Kaplan I), 321 So.3d 267 (Fla. 4th DCA 2021), we affirmed as to R.J. Reynolds' argument that punitive damages were barred by section 768.73, Florida Statutes, based on our previous decision in R.J. Reynolds Tobacco Co. v. Konzelman...

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